Legal Question in Real Estate Law in California

My father's sister died Frday June 25, 2011. I have been takeing care of her for years, her grandson has arrived in town from another state and says that i have to be off the property Monday July 3, 2011. I have been living in a back apartment owned by her for four years, Can he do that?


Asked on 6/29/11, 4:42 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

No

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Answered on 6/29/11, 4:47 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Mr. Selik is correct. The grandson can say whatever he likes, but he cannot do anything to remove you from the property on that date. The only way he can force you off of the property is to begin eviction proceedings which requires as a first step a minimum of 30 days notice and, in your case, at least 60 days notice. He must then file an unlawful detainer proceeding against you (in which he must state and prove the basis for his standing to bring the unlawful detainer, i.e., as an owner, agent of an owner, or some other basis) and serve you with a summons and complaint, which you would have to respond to within five days. If you respond, a trial date would be set for around 30 days after your response. Only if he is successful on the unlawful detainer would he be able to obtain a writ of possession for the property entitling him to have the Sheriff remove you.

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Answered on 6/29/11, 5:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Even if the grandson has inherited the property, you are a tenant and entitled to the full benefit of notice and due process. The eviction process is fairly lengthy for longer-term tenants, and requires 60 days notice. If you were a mere guest, perhaps a new owner could toss you out as a trespasser, but exchanging care for residency in that back unit pretty clearly makes you a tenant.

Further, sonny boy hasn't taken step one to establish himself as owner. He MAY be, but we have a process -- probate -- by which such things are determined.

It would be helpful to know, if you know, whether the deceased had a will or trust, and what it/they provide.

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Answered on 6/29/11, 5:41 pm

I disagree with some of the previous answers on one point. I am not sure you are a tenant. Unless you had an actual agreement that you were providing services in lieu of rent, or you actually paid some rent, you may not qualify for the protections of a tenant. It also depends on the nature of the "back apartment." If it is a totally separate unit, that's one thing, but if it's a connected and accessible part of the house, and particularly if it does not have a separate entrance, you may be a boarder, not a tenant. The rights are mostly but not entirely the same, and key differences apply when it comes to removing you if there were no other boarders. The most important piece of the puzzle, though, was correctly noted by Mr. Whipple. The woman's estate owns the property, not her grandson. Until an administrator of the estate is appointed by the probate court, no one has authority to do anything to you. I also strongly recommend you try to locate or find out about a will. In many cases such as yours, the deceased provides for their caretaker in some way.

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Answered on 6/29/11, 6:46 pm


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